RAKESH KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Bail petitioner namely, Rakesh Kumar, who is behind the bars since 10/10/2023, has approached this Court in the instant proceedings filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, for grant of regular bail in case FIR No. 159 of 2023, dtd. 9/10/2023, registered at Police Station Jogindernagar, District Mandi, Himachal Pradesh under Ss. 201, 302, 376-D, 34 of IPC.

(2.) Respondent-State has filed status report and Investigating Officer has come present with record. Record perused and returned.

(3.) Perusal of the status report as well as record reveals that on 09/10/2023, police, upon receiving telephonic information from one Sanjay Kumar, son of Sh. Raju Ram, resident of Upper Aarthi, Tehsil Jogindernagar, District Mandi, Himachal Pradesh, to the effect that a woman was lying dead in the rain shelter near the approach road, immediately reached the spot and recorded the statement of the complainant, as named hereinabove, wherein he alleged that on 09/10/2023, while he was proceeding on foot to his shop at around 6:35/6:40 AM, he noticed a woman lying on the floor of the rain shelter in a naked condition. He further alleged that one scarf (dupatta) was found tied around the neck of the woman and she was dead. He also alleged that subsequently he came to know the name of deceased woman was Satya Devi, wife of Khem Singh. On the basis of the aforesaid complaint, an FIR under Sec. 302 IPC was registered against unknown persons. During the course of investigation, police checked CCTV footage from a camera installed outside a departmental/vegetable store owned by one Sh. Karan Singh and found that on 8/10/2023 at 11:34 PM, a pickup vehicle coming from Jogindernagar side had halted/stopped near the rain shelter at the approach road. It also revealed from the CCTV footage that four individuals alighted from the pickup and laid their bedding on the floor of the rain shelter. While the four persons were laying down their bedding on the floor of rain shelter, one lady i.e. deceased woman could also be seen standing nearby.